clinical negligence client liaison servicesBY QUICKSILVER LEGAL SERVICES -

‘PUTTING YOUR BEST FOOT FORWARD’

“know thy client”*Most clinical negligence cases are taken on following a very brief risk assessment process involving a telephone discussion with the prospective client and a short team discussion. Yes, practices vary but significant resource decisions are made with rather basic information about the subject of the case – the client.

*Quote from A. Wyse - solicitor

your risk assessment should start with your client…

…and not just a lively (or not) team discussion about breach and causation based on limited information.So “know thy client”.This is more important than ever now.Why?

the pressures we face as clinical negligence practitioners are enormous and ever increasing:

Costs budgeting, non recoverability of success fees, proportionality, fundamental dishonesty challenges and now fixed recoverable fees are likely to be with us in 2017. There is much less room for error in your risk assessment and solicitors often forget that at the start of a case – all risk is with the client.

ATE insurers are under pressure too

ATE insurers aren’t getting the level of premiums they once did so loss ratios matter more than they used to. They are also beginning to notice lengthy and costly investigations on abandoned cases – they’re wondering whether such cases could have been abandoned earlier. Should they have even been taken on?And clients are changing too.

since LASPO, clients are getting used to the idea of bearing unrecoverable costs. Fixed recoverable fees are likely to increase this burden on the client.

As a result clients are more discerning than ever- asking questions about success fees, hourly rates and how much of their compensation they might have to pay over in costs.No one wants to face a Solicitors Act assessment in the present climate!It’s more important than ever to be sure your client understands the terms of the retainer.

get an early handle on quantumNow more than ever you need to be aware from the start which cases might face proportionality problems so you can allocate resources appropriately.When cases settle for considerably less than at first intimated, Defendants are challenging costs on the basis that the claim was exaggerated or even suggesting dishonesty. You may need to issue proceedings without having done a full quantum investigation. With issue fees at an all time high you certainly don’t want to overstate the claim but you also can’t afford to get it too low – you’ve seen the latest case law on that no doubt.Early, accurate information needs to be elicited from your new client along with information about pre existing conditions, professional skills, work history, care needs etc

nothing can replace face to face communication

Sure, I can quote all the studies on this (‘70% of communication is non-verbal’ and all that) but we all know it’s true. You just can’t get a whole view of a client or potential case just by telephone or email or even video calling. The reality is that technology can’t replace human to human contact (at least not yet).Face to face contact is reassuring to traumatised clients. It builds rapport and trust and shows that you are willing to go to great lengths to hear about their case. It shows you care.Why is this important?

competitionProportionality considerations and the raising of the small claims limit will take a huge number of low value cases out of the running and with mergers, your competitors will be well resourced for marketing. Competition for medium to high value cases will be more intense and so client retention is key. You are much more likely to retain clients you sign up in person. It’s just a fact.Seeing your clients in person gives you a competitive edge.

however…

1. Most of your clients are NOT local – you run a national service.

2. It is not cost effective for you to have fee earners out of the office sometimes for a whole day costing perhaps £2000 in fee earner time on a case you are unsure about or when it is clearly not proportional.

So, what can you do?

start as you mean to go on and hit the ground running…

Call Quicksilver Legal Services and let us do the leg work for you. We can:1. See your client at home (or other preferred meeting

point) at their convenience2. Verify client’s identity3. Sign them up to your CFA/terms and conditions using

your protocol/checklist if you like 4. Take a preliminary witness statement covering liability

and quantum issues (and any other specified issues) 5. Report back to you on any key issues which may arise

look at the advantages▪ Predictable fixed fee structure – discounts for volume▪ Increase your profit costs and save fee earner time – you can

charge your time for the work done (which will be considerably more than our fixed fee)▪ Any time anywhere (in England and Wales), 6 days a week, last

minute instructions welcome – we’ll fit them in if we can▪ We DO NOT use agents. Your instructions will always be handled

by an experienced, sympathetic and caring specialist▪ Early flagging of important issues such as capacity and

credibility▪ Sign up documents and client approved statements sent

electronically usually within 48 hours of meeting.

it’s fast and easy

Email your instructions

We contact your client

and arrange meeting

Signed/approved

documents with you within 48 hours of meeting

why Quicksilver? There are cheaper services around.

▪ Yes, that’s true BUT we don’t rely on agents so we can maintain consistency of service to you and your clients▪ Anyone attending your client will have a full

understanding of legal funding arrangements and the requirements of clinical negligence litigation▪ Our knowledge and understanding will help you to

reduce risk, speed up service and increase profits with more efficient use of fee earner time.▪ We are here to augment your service and reinforce your

ethos to your clients.

get in touchWe can also offer bespoke client liaison solutions based on your needs and desires.Contact Patrick Oliver now to discuss:

07984567498patrick@quicksilverlegal.co.uk

Patrick is a clinical negligence specialist himself with over 15 years of experience in this field.